§ 20. Performance reviews.  


Latest version.
  • (a)

    On or about the fourth and seventh anniversaries of the effective date of this agreement, City shall give notice to Company and the public that it is commencing an evaluation of Company's performance under this agreement. Such notice shall solicit public input. The primary purpose of the evaluations shall be to consider whether Company has substantially complied with, or made all reasonable efforts to comply with, all substantive requirements of this agreement, especially the technical standards and customer service standards.

    (b)

    The council may delegate authority to conduct the proceedings to a citizen's advisory committee or a committee of the Council. If such a committee is employed, it shall hold one or more public hearings and meetings and make its recommendations to the Council which shall consider them at an open meeting with an opportunity for public comment.

    (c)

    Following its public hearing, the Council shall issue its evaluation no later than one year after the date of each notice commencing the evaluation process. If any evaluation proceeding has revealed significant deficiencies in Company's performance under this agreement, City shall notify company and request that the deficiencies be corrected within a reasonable period of time.

    (d)

    If the deficiencies involve substantial non-compliance with the requirements of Sections 10 and 13 and are not, or cannot be, corrected within a reasonable period of time, the Council may initiate a proceeding proposing the revocation of this agreement. Such a proceeding shall be conducted pursuant to the requirements of Section 17 of the agreement. In the event of legal termination of this franchise, City shall have the right to purchase the Cable System in accordance with Section 18 of the agreement.